Can we sell our house if name transfer is not done?

I own a house in Navi-Mumbai India. We buyed this house in 1990. But name transfer is not done for this house because our financial problem was not good. But now we want to transfer this house to my mom name but the person is not ready to sign the paper, he wants money to sign. Can we sell this house to other person and that person will deal with that other person(House owner). We have others paper such as power of attorney,sell to aggreement
Please help me on this.

Asked 2 years ago in Property Law from Navi Mumbai, Maharashtra

please contact a local lawyer . it appears sale deed has not been stamped and registered . unless this is done you dont have clear and marketable title to the house . better pay seller some money to get clear title

Thanks for your valuable reply. Sir but he asking money around 5 lac and we can't afford. Third is agreed and he know all the situation, he is ready to buy the house from us and he told us that he will look to all those transfer section with the main person. Should I sell my house to this third party?

Asked 2 years ago

yes if you are getting a good deal do so . since you are not in position to pay Rs 5 lakhs demanded by seller then you can sell your flat to third party if you are getting a good price

1. What do you mean by stating 'name transfer is not done'?
2. Is it that you have not got the Sale Deed registered in your name?
3. If yes, you can not deal with the propety in any way,
4. First get the Sale Deed registered to be the owner of the house before you think of selling it of,
5. If the vendor refuses to register the sale deed, file a consumer complaint to get order upon the vendor to register the Sale Deed.

Hi Sir, thanks for your reply.
What do you mean by stating 'name transfer is not done'? - When my mom purchased the flat she had not transfer the flat with her name due to financial problem. So electricity bill and water bill is in the name of other person. But "Agreement to Sell" and "Power of attorney" is in the name of my mom.
Now we want to do this but to make a sign the previous owner is asking money around 5 lac which we can't afford. So we are trying to sell our flat to third party which knows everything and agreed to purchase. He told us that he will handle all this situation.
1. Now my question is can I sell to this third party ?
2. If yes, then there will be no legal issue?
3. If no then what can I do to solve this.?

Asked 2 years ago

1) i have advised you to contact local lawyer . it is necessary to go through the papers executed by seller to advice
2) flat has to be transferred in your mother name in society records on purchase of flat . society would do so only on legal formalities being completed
3) if third party knows these facts and willing to take the risk sell flat to him .

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